HomeMy WebLinkAboutS25-02 Planning Board Staff Summary - FinalS24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 1 of 15
STAFF SUMMARY FOR S25-02
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Numbers: S25-02
Requests:
S25-02 – R-15 Additional Dwelling Allowance
Applicant: Property Owner(s):
Samuel Potter, Equitas Law Partners LLP Hoosier Daddy, LLC
Location: Acreage:
5741 Carolina Beach Road 43.50
PID(s): Comp Plan Place Type:
R07600-004-052-000, R07600-004-045-000,
R07600-004-037-000, R07600-004-037-000,
R07600-004-038-000, R07600-004-035-001,
R07600-004-035-000, R07600-004-028-000
Urban Mixed Use and General Residential
Existing Land Use: Proposed Land Uses:
Vacant land with partial road infrastructure
290 Multi-Family units
146 Attached Single-Family units
8 Detached Single-Family units
Maximum 444 units
Current Zoning:
R-15, Residential
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 2 of 15
SURROUNDING AREA
LAND USE ZONING
North Coastal Christian High School and the Villages at Myrtle
Grove Shopping Center R-15 and B-2
East Single-Family Residential (Sentry Oaks Subdivision) R-15
South Single-Family Residential (Tarin Woods Subdivision) R-15
West Motorcycle sales, general retail, Autumn Care of Myrtle
Grove, and Single-Family Residential B-2 and R-15
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 5)
COMMUNITY SERVICES
Water/Sewer Public water available through CFPUA. Public sewer available through
connection to an existing force main.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Station 18.
Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Hanover Pines Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The conservation resource map indicates pocosin wetlands on the property;
however, they are not underlaid with Class IV soils. Pocosin wetlands require
Class IV soils to trigger additional development standards.
Historic No known historic resources
Archaeological No known archaeological resources
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APPLICANT’S PROPOSED PLANS
Site Plans with Staff Markup
• The project proposes a total of 444 residential units made up of multi-family, attached, and
single-family detached homes at a density of 10.2 dwelling units per acre.
• The multi-family structures are proposed on the western side of the project closer to Carolina
Beach Road. They transition to a strip of open space that provides a spatial buffer to the
attached dwelling units on the eastern side of the property.
• The southern portion of the project includes eight single-family lots adjacent to the existing
Tarin Woods single-family development.
Proposed
Road Stub N
Detached
Single Family
Multi-Family
Attached
Single Family
Multi-Family
& Amenity
Stormwater
Access to Tarin Woods
Stormwater
Attached
Single Family
Open Space
Proposed
Road Stub
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 4 of 15
• The northern portion of the site includes attached single-family homes adjacent to the
Coastal Christian property with a centrally located multi-family structure and amenity
center.
• The maximum building height in the R-15 district is 40 feet. The UDO measures building
height by measuring height at the midpoint between the eave and ridgeline on a sloped
roof, the highest roof plane on a flat roof, or the highest point between the two if there are
mixed roofing styles on the same building.
• The site plan included building heights measured from grade to the top of the ridgeline.
Staff requested clarification based on the UDO’s height measurement and the applicant
provided clarification on the building heights shown below.
Site Plan Clarification from
Applicant
Grade to Ridgeline Building Height Per UDO
Measurement
Buildings 1-4 40 feet 29 feet
Buildings 5-8 45 feet 29 feet
Buildings 9-28, 35-
41, and 43-45 50 feet 29 feet
Building 42 36 feet 29 feet
Buildings 29-34 50 feet 39 feet
Building 46 65 feet 50 feet
• As currently proposed, Building 46, which consists of a multi-family structure and amenity
center, is proposed 10 feet taller than the maximum height allowed in the R-15 district.
• Access is required to an existing major or minor arterial street is required for Additional
Dwelling Allowances. The access requirement can be met if a property line is contiguous with
and has direct access to the road, or if there is access through an existing DOT road, or a
private collector road.
• Access is provided through the private local road Ironwood Drive through the existing Tarin
Woods Subdivision. The concept plan includes three additional road stubs for potential
future interconnectivity:
o A connection to Rosa Parks Lane. No conditions are proposed to restrict access
onto Rosa Parks Lane. However, Rosa Parks Lane is an unimproved dirt road and
Section 5.2.2 of the UDO requires that unimproved roads or easements serving
more than three lots or homes must show evidence the road or easement has
been in existence since before October 6, 1969, for additional homes or lots to
use the road or easement as access. If the road or easement is not found to
predate October 6, 1969, the road or easement must be improved to county
road standards or cannot be used as a roadway connection.
o A road stub north of Rosa Parks Lane that, while shown as a longer road
extended towards Carolina Beach Road, does not fully connect to the highway.
The stub provides connection to an adjacent parcel owned by the applicant that
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 5 of 15
is not included as part of the special use permit. A condition could be considered
requiring the current common owner to provide an access easement to Carolina
Beach Road. Any access proposed through an easement to the larger
development would need to meet the roadway requirements of Section 5.2.2.
o The project also includes a road stub to the Coastal Christian property to the
north that could allow for future interconnectivity.
ZONING CONSIDERATIONS
• Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special
Use Permit and are subject to the requirements in Section 3.1.3.E of the UDO. These
standards generally address density, open space, utility and stormwater improvements,
proximity to higher density place types listed in the Comprehensive Land Use Plan, access,
and impervious surface limitations.
• As proposed, the application does not meet the R-15 height requirements of Section 3.2.8
of the UDO due to the proposed height of Building 46.
• In addition, no evidence has been provided to confirm whether Rosa Parks Lane may be
used as access under Section 5.2.2 of the UDO.
• If approved, the project would be subject to the Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 6 of 15
AREA DEVELOPMENT
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TRANSPORTATION
Proposed Road Stub
Potential Access
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CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a
maximum of 109 single-family dwelling units.
PROPOSED ACCESS
Primary Access Right-in, Right-out access onto Carolina Beach at Manassas
Drive
Secondary Access Potential access to Carolina Beach Road through Rosa Parks
Lane
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Carolina Beach Road
Type of Roadway State Highway
Roadway Planning Capacity
(AADT) 41,369
Latest Traffic Volume (AADT) -
2023 45,500
Latest WMPO Point-in-Time
Count (DT) 47,645
Current Level of Congestion Above Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: 2023
Source of WMPO Point-in-Time Count: South of Sanders Road, July
1, 2024
NEARBY NCDOT STIP ROADWAY PROJECTS
U-5702B- S. College Rd.
Improvements
(2025 Right-of-way acquisition
and utilities)
- Access management and travel time improvements
along College Road between Shipyard Boulevard and
Carolina Beach Road
U-5790 – Monkey Junction
Intersection and Roadway
Improvements
(2029 Right-of-way acquisition
and utilities)
- Project to convert the intersection of Carolina Beach
Road and College Road to a continuous flow
intersection.
- The project includes widening Carolina Beach Road
south of the intersection of Sanders Road.
TRAFFIC GENERATION
Traffic Generation
by Present
Designation
Traffic Generated
by Proposed
Project
Potential Impact
of Proposed
Project
AM Peak Hour Trips 81 113 +32
PM Peak Hour Trips 108 145 +37
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 9 of 15
Assumptions
Typical Development with Existing Zoning – 109 single family dwelling
units.
Proposed Development – 444 dwelling units.
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th ed
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is above the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA). The applicant provided a TIA approval
letter dated July 27, 2022, for a 366-unit project consisting of 125 detached single-family homes
and 241 attached single-family homes. The TIA approval letter does not match the proposed unit
count or housing type proposed in the special use permit application. The TIA approved in June 2022
referenced in the approval letter includes recommended improvements. However, the WMPO and
NCDOT cannot confirm whether the recommended improvements would address traffic generated
from the proposed project.
Approval Date July 27, 2022
Development Proposal
Analyzed
125 Detached Single-Family Dwellings and 241 Attached
Single-Family Dwellings
Study Intersections
- US 421 (Carolina Beach Road) at southbound to
northbound U-Turn near Rosa Parks Lane
- US 421 (Carolina Beach Road) at Sanders Road
- US 421 (Carolina Beach Road) at Beau Rivage
Marketplace driveway (Harris Teeter)
- US 421 (Carolina Beach Road) at Manassas
Drive/Sharks Eye Lane
- Manassas Drive at Shiloh Drive
- Myrtle Grove Road at Lt. Congleton Road
- US 421 (Carolina Beach Road) and site access north of
Rosa Parks – RI/RO
- US 421 (Carolina Beach Road) and site access south of
Tregembo Animal Park – egress only
Trip Generation
- 204 AM peak hour trips
- 255 PM peak hour trips
- 3,058 average daily trips
Traffic Data Collection - September 2, 2021 (US 421 at Sanders Road) and
December 9, 2021
Trip Distribution and
Assignment
- 65% to and from the north on US 421
- 20% to and from the south on US 421
- 5% to and from the west on Sanders Road
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 10 of 15
- 5% to and from the west on Beau Rivage Marketplace
Driveway
- 5% to and from the north on Myrtle Grove Road
Approved Developments &
Background Growth
- Tarin Woods II Development (215 single family
detached housing)
- Planned Roadway/Intersection Improvements
o Manassas Drive dual right turn lanes
o Beau Rivage Marketplace (Harris Teeter)
leftover
- Full Build – 2026
- Growth Rate – 1% per year
Required Improvements
Phase 1A – Build year of 2023 for 125 single family detached
dwelling units
- No improvements required
Phase 1B – Build year of 2024 for 125 single family attached
dwelling units
- Extend southbound U-turn land on Carolina Beach Road
south of Rosa Parks Lane to provide 500 feet of
storage, 50 feet of full width deceleration and 100
feet of taper and optimize signal timings
- Construct the new proposed site access to Carolina
Beach Road with an internal protected stem of 175
feet measured from the right-of-way line with right-
in/right-out ingress and egress lanes and stop controls
on the westbound approach.
- Construct a northbound right turn lane on Carolina
Beach Road from the U-turn bulb south of the proposed
access
Phase 2 – Build year of 2026 for 116 single family attached
dwelling units
- Construct a future third access into the site meeting
NCDOT roadway standards
SUMMARY
The proposed project is located north of the Tarin Woods Subdivision and proposes interconnectivity
through Tarin Woods to Manassas Drive. Manassas Drive provides connections to Carolina Beach
Road and Myrtle Grove Road. The project also proposes a potential connection through Rosa Parks
Lane and additional road stubs for future interconnectivity. The submitted TIA does not reflect the unit
count or land uses proposed in the special use permit request and therefore no additional analysis
may be provided on potential impacts from the project.
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 11 of 15
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or the Special Flood Hazard Area.
• The property is within the Mott Creek and Everette Creek watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable)
soils; however, the project is expected to be served by CFPUA water and sewer if
developed.
• The conservation resource map indicates pocosin wetlands on the property however they
are not underlaid with Class IV soils which triggers additional development standards.
OTHER CONSIDERATIONS
Schools
PUBLIC SCHOOL ENROLLMENT ZONES
Elementary School Bellamy Elementary
2024-2025 Capacity 104%
Middle School Myrtle Grove Middle Murray Middle
2024-2025 Capacity 80% 102%
High School Ashley High
2024-2025 Capacity 99.7%
STUDENT GENERATION RATES (SGRs)
Overall SGR (24-25) 0.19 public school students per residential unit
Elementary School SGR (24-25) 0.08 public school students per residential unit
Middle School SGR (24-25) 0.04 public school students per residential unit
High School SGR (24-25) 0.07 public school students per residential unit
Local Area SGR (24-25) 0.09 - Higher than the County-Wide Generation Rate
SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per
residential unit
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 12 of 15
Context and Compatibility
• The property is located between existing properties zoned and used for commercial
purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower
density single-family residential development.
• The proposed attached housing type increases housing type diversity in the area and acts
as an appropriate transition between the Carolina Beach Road corridor and the existing
lower density residential development to the south and east.
• The property is located south of the Village at Myrtle Grove shopping center and Monkey
Junction commercial node providing services, amenities, and educational and employment
opportunities.
• Hanover Pines Park is south of the proposed project and accessible by bicycle, pedestrian,
and passenger vehicles without needing to access Carolina Beach Road.
• Most of the surrounding land is either single-family developments or commercial uses
intended to serve the surrounding homes.
POTENTIAL PROJECT STUDENT IMPACT
Intensity of Current Zoning: Typical Development under current zoning would
allow a maximum of 109 residential units.
Proposed Development: 444 residential units
Students
Generated by
Current Zoning
Students
Generated by
Proposed
Zoning
Potential Impact
of Proposed
Project
Elementary School 9 36 +27
Middle School 4 18 +14
High School 8 31 +23
TOTAL 21 85 +64
Sources 2024-2025 NHC Student Yield Analysis
SUMMARY
While public school students would attend Bellamy Elementary and Ashley High schools, the
project is located along the district boundary for Myrtle Grove and Murray Middle schools.
The eight single family lots on the southern portion of the project are in the Murray Middle
school district and the remaining 436 residential units are in the Myrtle Grove Middle school
district. The proposed project is anticipated to be built out within five years, and currently, the
elementary school and Murray Middle School that serve this area are over capacity. In
addition to area public schools, there are private schools such as Coastal Christian near the
project as well.
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2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type
General Residential and Urban Mixed Use
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Place Type
Description
General Residential: Focuses on lower-density housing and associated civic
and commercial services. Typically, housing is single-family or duplexes.
Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout.
Types of uses include single-family residential, low density multi-family
residential, light commercial, civic, and recreational.
Urban Mixed Use: Promotes development of a mix of residential, office,
and retail uses at higher densities. Types of uses encouraged include office,
retail, mixed use, small recreation, commercial, institutional, single-family,
and multi-family residential.
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 14 of 15
Analysis
The 2016 Comprehensive Plan classifies the majority of the property as
General Residential, which encourages single family and duplex residential
development at a maximum density of 8 dwelling units per acre.
The Urban Mixed Use place type promotes multi-family and higher density
single-family development to provide a range of housing types,
opportunities, and choices. The Urban Mixed Use place type does not
recommend a maximum density and identifies Monkey Junction as an
appropriate area for higher density development.
The requirements for an Additional Dwelling Allowance require a project to
be totally or primarily in, contiguous to, or within 250 feet of, the boundary
of areas classified as Employment Center, Urban Mixed Use, or Community
Mixed Use place types in the Comprehensive Plan.
Proposed Conditions
No additional conditions have been proposed by the applicant; however additional conditions
may be added that will bring the proposal in line with the required conclusions.
PRELIMINARY FORUM
The Planning Board does not make a decision or recommendation on special use permits. The board
is requested to hear the presentation of staff, the applicant, and the public to facilitate an open
and transparent discussion of the special use permit application. Questions and comments related
to the following topics are encouraged:
• Components of the proposal that are not clear or where additional information is needed
to understand the project,
• Advice to the applicant on the presentation they will be giving to the Board of
Commissioners,
• Advice to the parties speaking in opposition on what they may want to consider when
preparing for the Board of Commissioners meeting, and
• Advice to both parties on potential issues that should be addressed before the public
hearing.
Following the Preliminary Forum the special use permits will be scheduled for the February 3 Board
of Commissioners meeting for a quasi-judicial hearing. There are four principal conclusions the
Board of Commissioners must make when considering a special use permit request based on clear,
substantial evidence presented at the hearing. Each special use permit is a distinct request and will
require a separate motion from the board:
S24-04 and S24-05 Staff Summary – Planning Board 5-1-2025 Page 15 of 15
• Conclusion 1: The Board must find that the use will not materially endanger the public
health or safety where proposed and developed according to the plan as submitted and
approved.
• Conclusion 2: The Board must find that the use meets all required conditions and
specifications of the Unified Development Ordinance.
• Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
• Conclusion 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which
it is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.